Work visa rules and immigration update June 2024
Can overseas nationals work remotely in the UK whilst on vacation?
At Boardside, we frequently receive queries asking us about work visa rules, from UK businesses with overseas offices, whose employees are travelling to the UK on ‘business’. In addition, overseas nationals travelling to the UK on vacation query whether they may undertake work-related activities whilst they are here.
There is often confusion in relation to what specific activities business visitors to the UK are permitted to undertake. Visitors to the UK are not allowed to ‘work’ in the UK, apart from very limited circumstances, due to work visa rules, but what does ‘work’ mean, in this context? These days, people are used to working remotely from home, and often deal with business matters and video calls whilst on holiday.
Recent changes to the Immigration Rules have seen an expansion in the range of activities visitors are allowed to do in the UK from 31 January 2024. This includes changes in the areas of remote working, research, provision of legal services and paid engagements.
What changes will Labour’s employment rights bill bring?
- Easing of restrictions on remote working
The Home Office has issued new guidance in relation to visitors undertaking a limited amount of remote work whilst on a trip to the UK. This guidance states that visitors may undertake activities relating to their employment overseas, ‘such as responding to emails or answering phone calls’, provided that this is not the ‘primary purpose of the visit’.
It is important to note two particular restrictions:
- visitors cannot be employed in the UK (which prevents businesspeople and self-employed people working for UK-based clients whilst they are physically present in the UK);
- unless a specific exception applies, visitors must not receive payment from a UK source for any of their activities carried out in the UK.
An interesting point to note is that the Home Office’s guidance to its visa officials states that they should consider the proposed length of stay in the UK – a stay of more than one month attracts closer scrutiny and remote working activities for more than 90 days may lead officials to question the nature of the work (for example, whether it breaches employment and payment restrictions). The immigration officials will take into account whether the visitor seems to be genuinely employed abroad, rather than intending to work in the UK.
- Expansion of permitted intra-corporate activities
In another welcome change, overseas nationals visiting a branch of a group business in the UK will be able to undertake certain activities directly with clients, including:
- advising and consulting;
- trouble-shooting;
- providing training;
- and sharing skills and knowledge.
This is with the proviso that the service is being provided by the UK branch of the visitor’s employer (i.e., not for the overseas business) and that any client-facing work is incidental to the visitor’s employment overseas. Home Office guidance states that intra-corporate activities should be, ‘of a short duration, linked to a specific project and where the visitor will be directly working with for clients, this should not be the primary purpose of their visit to the UK.’
- Research
Under recent changes, scientists, researchers and academics are now permitted to conduct research in the UK as part of their visit. This is allowed either for a specific project (which relates to their employment overseas), or independently. Previously, the research was restricted to independent research and research for an academic’s own purposes whilst on a sabbatical.
Scientists are also allowed to take part in formal exchange arrangements with UK counterparts.
- Planning ahead
It is important to be aware of the recent changes in order to make informed decisions when planning business trips to the UK. The Government’s intention is to make it easier to do business in the UK, whilst net migration levels remain unaffected. However, the scope of permitted activities can still be very confusing for businesses and individuals. If in doubt, contact us in advance to discuss upcoming trips and proposals, to ensure a smooth entry to the UK and absence of problems at border control on arrival. Care should still be exercised, in particular when considering working remotely in the UK as a visitor.
The new Electronic Travel Authorisation
The UK government is in the process of rolling out a new Electronic Travel Authorisation Scheme (ETA). This is a system of pre-travel immigration checks, which will require visitors to the UK to apply for an ETA prior to arrival.
It currently only applies to nationals of Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. The intention is that the ETA will eventually apply to all overseas nationals visiting the UK who are ‘non-visa nationals’. Non-visa nationals are citizens of countries that do not require visas to visit the UK. Non-visa nationals can currently enter the UK just by presenting their passport to the Immigration Officer on arrival at the airport or port of entry.
The application is relatively straightforward (completed either online or via an app) and usually takes up to 3 working days to process, with approval being in the form of a confirmation email. Once granted, the ETA will be valid for 2 years or until the expiry of the individual’s passport. Once the scheme is rolled-out fully, all non-visa nationals will need to obtain an ETA before travelling.
- Planning ahead
This is an additional administrative function to be aware of prior to travel. Businesses will need to plan ahead and ensure that employees who are due to visit the UK have the necessary authorisation prior to travelling.
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